Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1887-03-12

Subscribed In my presence and sworn to before
n-s. this - day OF -.
And there shall be but one sale and one delivery
on any affidavit. but no druggi-1 shall permit
the drinking on his premises, nor in any apart
ment connected thsreWith and under his control
any Of the Intoxicating liquors purchased by afti-
be permitted to sell any OF the liquors mentioned
herein in quantities not less than one gallon, to
gE E 2t S 3L3 di III tbis se Ne H s5ayitz
provided for in this section shall be made before
the pharmacist or assistant pharmacist making
SAFE OF sucn l4quofss upon ptoLet pLlAI51 blank =
which it is hereby made the duty Of the county
clerk OF the county IN which such sales are made
70 furnish 70 such drugglsls al cost equal 20 the
actual and necessary outlay made therefor by
him. Such blanks shall be in series Of one hun
ured each numbered IRON one 20 one hundred,
ConssctYaly, and bound IN book FORM each
series being of uniform style throughout, except
that no two blanks Of the same series shall be Of
the same number. 1t fhall be the duty Of the
county clerk to endorse each such book with the
date Of delivery and TO whom made, TO sign such
seal, and 70 keep two exact printed copies eZ-
cept 40 TO numbers, OF the blanks OF each series,
one OF which shall be filed in his Office. and one
in the probate judges otee; he shall also keep a
record OF thu series, and OF the number OF each
series, of such blanks furnished to each druggist
ard shall, within ten days after the same are de
hversd TO Euch druggist, ME copy thereof to
geLaef VAN COY OF le Dian "a me OF
nee OF tins PROBATE Judge OF ms county: Eor such
services, the county clerk shall be entitled 70 a
fee Of . cents for each series OF blanks so turn
lshed, 70 be PAID by the drug5 lst obtaining such
blanks. All pharmacists and assistant pharma-
cists are hereby empowered to administer Oaths
for the purpose OF this act and no such affidavit
ghall be received by any pharmacist or assistant
pharmacist until it shows ON It's face that il has
been properly subscribed and sworn TO by the ap-
plicant. The athdaYits provided for IN this sec
ton shall be retained by the druggist in the orig
inal book FORM and on or before the first day Of
such druggist that the liquors therein mentioned
are all of the Intoxicating liquors sold by him
during tbs month. except the liquors sold to
other druggists, be so fled in the office of the
probate judge who issued his permit where they
shall be safely Kept for the period OF two years
from the date or the ming. Before SAID afhdaY1r
shall be received or fled by said probate iudg4,
he shall make strict examination OF the copies Of
the copies OF aEldaVlgs ana record OF mum srs
thereof furnished him by the county5cler, and as
certain whether such druggist has returned all at
hdavits furnished him IN blank by the county
clerk and if any such affidavit OF blank is miss
ing. said probate judge shall require such drug
gist to file instead thereof his affidavit showing
"a near as he can what has become of such affi-
davit or blank. And any person having a permit
% sen intoxicating liquors under the provisions
Of this act, shall zach month, at the time he hle
the affidavit herein provided for, also ME with
probate judge an affidavit setting forth the
amounts and kinds OF liquors as nearly as can be
done, which such person or nrIn OF which ne Is a
member has on hand on the day such
and KIND OF. liquors ne mss purchased or
procured during the preceding month. and the
poradons and their place OF doing business, from
whom, and the dates on which, such liquors were
purchased or procured. For each series or aftlda-
Wits MED qnceE me PfoElslons OF TINS act Lhe
probate judge shall collect Sl.5O from the drug
gist filing Ghe sannei or the proper proporuonate
part thereof for the number Med, which shall De
paid by him on the first day of each month into
the county treasury for the benefit of the general
county fund. II probate Judge shall receive no
fees for his services under this act eXcepta salary
OF gi5.0O Der annum for each one thousand in
habitants in such county. the number to be de
termined by the last annual census return OF such
county, but in no case snail such salary exceed IN
the aggregate the sum of 81, 600 per annum, 70 be
ries. Every person whose affidavit so made for
the purpose of obtaining Intoxicating liquors
shall be false N any material matter, shall be
deemed guilty OF perjury, ana sha44 De punished
by confinement and hard labor FOR period not
exceeding two years, or by CONFINEMENT IN the
county jan not less IMAM SIX months any person
who shall subscribe any name or character other
than his own name to any affidavit for the pur-
pose OF obtaining 5nUo4lcatl4s Lquors as pro
gided herein, shall be deemed guilty Of forgery
in the fourth degree, and punished therefor as
now provided by law for forgery IN such degree
Any person who shall sell or furnish any intoxi-
eating liquors so obtained BY him upon affidavit
or certificate to others beverage, or shall use
the same as beverage, shall be deemed guilty of
3 misdemeanOr, and upon CONVECTION thereof
shall be punished by a fine of not less than 500
nor more than $780, and by imprisonment in the
county Jail not less than thirty days nor more
than ninety days: Every such Druggist shall
keep book wherein shall De recorded daily, al
sales of Intoxicating liquors made by him or his
employees, showing the name and residence OF the
purchaser, the kind and quantity OF the liquor
sold, the purpose Tor which u was SOLO, and the
date of the sale. Such record and affidavit shall
Ds OPoIl ~ nc s - @ q -
reasonable times during business hours, ana any
person 50 desiring may take memoranda or
copies thereof.
Sec 8. That section 9 OF chapter 12s OF the
laws of 1884, as amended by section Of chapter
I4g of the laws Of 1855, be amended so as to read
as follows: Sec 3. any druggist or pharmacist
or assistant pharmacist in his employ. who shall
fasl or neglect to make and keep record as he
10 provided, Of any Intoxicating liquors sold by
MIN before the same are delivered or shall refuse
any person an examination Of such records, or
f6e taIring Of memoranda or CODY therefrom
at any time during business hours; or who shall
sell, barter or give away any such liquors at any
place not designated in his permit or upon any
9Th rNeaHHa
shall make any false affidavit as to any sales
made by him or his employees, or shall fail TO
sign the certificate TO the signature OF any appll
can't TOT s4cn 4t4uOta PfIof - L1s ue1LEeLy mere
Of or shall sign any false certificate to any such
affidavit; or shall mutilRte or remove any athda-
Wit from the book TO him Issued as aforesaid; or
shall fail to return the same herein before pro
Vid6d; or shall sell any Intoxicating liquor TO any
person whom ne mas reason 70 Ds4leVe desires the
same TO use as q leverage; or sell liquor when he
has reason TO believe the liquor sold is not rem
edy for the ailmenG described IN the affidavit
therefor; or shall sell, barter or give away any
Intoxicating liquor to any minor, any person
under the influence Of liquor, or who is in the
hshif ~ beeomfnp intgricgted or who shall
allow such HQuOr, sold as q m6d1cln6 or other
wise to be drunk on his premises or premises
under his cOntrols or in any other manner omit
any act required Of him herein. or violate any Of
tbs proVisions OF this act, shall be guilty of a
misdsmeanoF, and upon conviction shall be lined
not less than SIG0 nor more than $500, and be
Imprisoned In the county jail not less than thirty
DAYS nor more than ninety days, and shall forfeit
his permit issued under the provisions OF this
act, and his right to obtain a permit within hve
textures are provided under the provisions Of this
set the court shall declare the same in rendering
Judgment in the action.
session laws OF 1881, as amended By section IS OF
chapter 1s9 OF the session laws Of 1885 be and the
same is hereby amended 50 as to read as follows:
Sec. Is. Al places where Intoxicating liquors
are manufactured sold bartsred or gwen away,
In V1olau' \ OF any OF the proVlslons OF TINS act
or where persons are permitted n
.esort for the purpose Of drinking Interesting
icatng liquors are kept for sale, barter or deliV-
cry, In violation OF this act, hereby declared
to be common uuisances and upon she Judgment
of a court having jurisdiction finding such place
70 be nuisance under this section, the sheriff,
his deputy or under-sherih, or any constable OF
the proper county, or marshal Of any city where
the same Is located, Ehall be directed to shut up
and abats such place, and take possession there
Of and By taking possession OF all s1ch int1Li-
eating liquors found therein, together with all
signs, screeDes bars bottles, glasses and other
properly used IN Keeping and maintaining said
nuisance, and such personal property so taken
possession OF shaQ Be forthwith publicly de-
strOyed By such officer and the owner or keeper
mercer shal! upon conviction De ad1udged guilty
OF maintaining common nuisance, and shall be
punished BY me OF not less than 800 nor more
ai not less than thirty days more thar ninety
LAY. The attorney general. county attorney, or
any citizen OF the county. where such nuisance
L1sts, o. 1s kept Is maintained may main tain
an aclo2 IN the name OF the STATE 70 aDale -nd
perpetuRlly 6nioin the same. Ihs Injunction
uons and no bend ana1l be required any person
violating the terms OF any Injunction granted IN
-ucn proceedings snail De punlAleQ LOE-cOnUeLAp ~
by me OF not less than 500 nor more than $50.
and BY imprisonment IN the county 1ail not less
than thlrt7 days neE more Than SIX months IN
the discretion Of the court. OF judge thereof. In
case Judgment Is rendered in favor OF the plain
iii in the action brought under the provisions Of
this section. the court rendering The same shall
1lso render judgment for q reasonable attorney 6
rec in such action in favor OF the plaintiff and
against the defendants thereins which attorney e
fee shall be taxed and collected as otner costa
therein. and When collecteds paid to tbs attorney
OF attorneys Of the plaintiff k~erein-
Sec. 5. That section II Of eAsptsr I49 Of the ses
sion laws Of 1855 Be and the sane is hereby amend
Il to read as follows: Section IL IL shall be
the duty OF the county attorneys 70 diligently
Drosecuts any and all 7,srsous violating any Of